Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1887-04-07
The Local Option Inv.

An Act to Prohibit the Sale of Intox-
lcating Liquors by Local Option:
Be it Enacted by the Legislative AS
sembly of the Territory of Dakota:
Section l. If petition, signed by at
least one-third of theleg voters of any
county, as shown by the preceding gen
eral election, shall be presented to the
county commissioners of any county,
at least sixty days before the Tuesday
next after the first Monday in Novem-
Der, In the year 1887, praying that the
question of prohibition for the sale of
intoxicating liquors be submitted to a
vote of such county, it shall be the duty
OF the board Of county commissioners
to order an election to be held on Tues
day next after the first Monday in Nov
embor, 1887, at which election the quail
itied voters of such county shall vote
upon the question of prohibiting the
sale OF intoxicating liquors IN such
county. Such election shall be in all
respects conducted as general elections
are conducted.
Sec.2. All persons voting at any
election held under the provisions of
this act, who are opposed to the sale of
Intoxicating liquors, shall have written
or printed on their ballots, against the
sale" and those who faver the sale of
such intoxicating liquors shall have
written or printed on their ballots, "tor
the SALE"
Sec. 3. Should majority of the bal
lots cast at such election be against
the sale.' it shall be unlawful for the
board of county commissioners of such
county to issue or grant license for
the sale of intoxicating liquors in such
county; or for any common council or
officers of any incorporated town. city
or village in said county to grant or
issue any license for the sale of such
intoxicating liquors. Any board, officer
or any person violating the provisions
OF this act shall be deemed guilty of a
misdemeanor, and upon conviction
thereof be fined a sum not exceeding
one thousand dollars and not less than
two hundred dollarso or imprisoned in
the county Jail for term not exceeding
one year, or both Imprisonment and
fine, in the discretion of the court,
Sec. 4. When an election shall be
held under this act no other election
for the same purpose shall be held until
the next general election and the result
of such election shall remain in force
unless changed at some subsequent
! general election.
Sec. 8. In addition to the penalties
now prescribed by law, any person or
persons who may sell any intoxicating
liquors without license having been
duly granted as provided by law, or
where the license is granted in viola
tion of this act. shall be restrained from
so doing by proper Injunction issued by
the court or judge thereof. Any per-
son may secure such injunction, and
| may use the name of the county as
plaintiff in the suit, and no security
shall be required, and the district at
torney of such county shall in all things
conduct sucn prosecution.
Sec. 6. All acts. special or general
so far as they conflict with the provis-
ions of this act, are hereby repealed,
Provided, that upon the canvas of the
vote taken as provided by this act
| a.
clared to be against the sale, the com
missioners Of any county within which
such election may be held shall at the
first regular meeting thereafter revoke
all licenses Heretofore granted and
refund any amount which may be due
any person by reason of such revoca
tion.